A DHANALAKSHMI Vs. M SRIDHARAN

JUDGEMENT

(1.) THIS appeal was filed by the defendants/respondents 4 to 6 in O.P.No.587/2006 against the judgment and decree passed in T.O.S.No.47 of 2006 dated 28.2.2008, granting letters of administration in favour of plaintiffs.

(2.) BRIEF facts of the case are as follows: The case of the plaintiffs is that they are the sons of one Late M.S.Manivana Naicker @ M.S.Manivanan. The said Manivanan executed a Will dated 14.09.1992 which was subsequently registered. In the said Will, the plaintiffs were bequeathed with life estate in the suit property and absolute right was given to the children of the plaintiffs. The first and the second plaintiffs being the beneficiaries of the Will dated 14.09.1992 have come forward with a suit for grant of letters of administration of the Will executed by late M.S.Manivana Naicker @ M.S.Manivanan. The deceased testator did not execute any other Will and did not own any other property, except the property mentioned in the schedule to the suit. Apart from the plaintiffs, the testator had three daughters viz., Vijaya, Yasodha and Girija. The said Vijaya is the first respondent in O.P.No.587/2006. The first defendant Dhanalakshmi is the daughter of Yasodha. The second and third defendants are the children of Girija. The said Yasodha and Girija are no more. According to the plaintiffs, the propounder of the Will has directed the plaintiffs to pay Rs.15,000/- each and out of the total sum of Rs.30,000/-, Vijaya, Yasoda and Girija are entitled to Rs.10,000/- each. Hence, the plaintiffs prayed for grant of letters of administration of the Will dated 14.09.1992

(3.) IN the said suit, the learned single Judge framed the following issues: